Roanoke Times editorial
August, 2006
Virginia guarantees access to government records through the state’s Freedom of Information Act. At least the law guarantees access to Virginians. Non-Virginians must hope for sympathy from government officials.
Last week, a federal appeals court found such discrimination against nonresidents unconstitutional in Delaware. The decision does not bind Virginia, but state and local government should heed its wisdom until the General Assembly unclogs the flow of information.
Virginia’s governments serve Virginians, but their activities can profoundly interest residents of other states. Property records might affect where someone moving to the commonwealth chooses to purchase a home. Transportation records might dictate whether a business opens an office. Environmental records might prove interesting to states down river or down wind from Virginia polluters.
Likewise, Virginians might have reason to query records in other states.
Virginia governments usually honor the spirit of open government by granting out-of-state requests, but too often, they do not. The nonprofit Virginia Coalition for Open Government and the state Freedom of Information Advisory Council report they often see such denials.
Awarding special rights based on state citizenship usually violates the U.S. Constitution. States may not do so without a very good reason. No such reason exists to enlighten state citizens and keep noncitizens in the dark.
The foolishness of limiting access deepens when one realizes that it scares off only some citizen requesters. Corporations and individuals can easily have an in-state agent or friend file the request.
Attorney General Bob McDonnell’s office had no comment on the merits of the decision. If lawmakers consider revisions, a spokesman explained, McDonnell would advise them then.
Lawmakers passed Virginia’s open government laws because they recognized that government works best in the full sunshine of public scrutiny. Keeping some people out of the light conflicts with that goal.